The Formal Charges filed on September 28, 2006, read, in pertinent part:

In the course of seeking election to the New Orleans City Council in April 2005, the respondent, Cedric Richmond filed into the public record a "Notice of Candidacy" form with the Louisiana Secretary of State, in which he swore under oath and penalty of perjury that he had been domiciled on Lomond Road in New Orleans City Council District "D" for two years prior to the September 2005 [9] election. At the time he made this sworn declaration respondent knew and understood that any such statement was materially false; inasmuch as he had similarly sworn in a September 2003 [10] "Notice of Candidacy" form filed in connection with his earlier candidacy for the Louisiana State House of Representatives that his domicile was on Eastview Drive situated in New Orleans City Council District "E."

When a corresponding court challenge to his candidacy for the City Council District "D" vacancy arose, the respondent answered the lawsuit by claiming both in pleadings filed in Orleans civil district court and in his oral testimony to the trial judge that his place of domicile had been the Lomond Road address for at least two years prior to the upcoming election. At the time he made such statements, the respondent knew and understood that this testimony and allegations in pleadings were knowingly and materially false.

Although the trial court upheld respondent's candidacy, on review the Louisiana Supreme Court reversed the trial court and disqualified respondent from seeking the City Council position in District "D." In the course of rendering its decision, the Louisiana Supreme Court made an express factual finding that respondent had not been domiciled in District "D" for the requisite two-year period as he had sworn.